General Terms and Conditions of Trade

(Date: June 11, 2010)


§ 1 Scope of application

(1) The business relationship between Colosseum Music Entertainment GmbH and the customer is subject exclusively to the following terms and conditions in the version valid at the time of placement of the order. Different conditions imposed by the customer are not acknowledged by Colosseum Music Entertainment GmbH unless they have been expressly confirmed in writing by Colosseum Music Entertainment GmbH.

(2) These terms and conditions shall apply to any order placed with Colosseum Music Entertainment GmbH in writing, in electronic form (fax, e-mail, online shop) or by phone on the basis of the choice of products offered by the Colosseum website on the Internet, in catalogues, leaflets or other advertising material. Should the order contain products other than the products offered here, these terms and conditions shall also apply to these.


§ 2 Prices, postage and packaging costs, payment

(1) All prices stated are in EURO including applicable VAT. Prices are subject to confirmation and without obligation. We reserve the right to change prices without prior notice. Errors and omissions cannot be completely avoided. In such a case, our invoice prices shall prevail.

(2) Costs of postage and packaging will be charged to the customer. Please find further information in our order details (Purchase Information).

§ 3 Conclusion of contract

(1) Goods will be sold only in normal household quantities. Colosseum Music Entertainment GmbH reserves the right to decline orders for this reason, due to unavailability or any other reason.

(2) The presentation of the Colosseum Music Entertainment GmbH range on the Internet shall not constitute an offer to enter into an agreement within the meaning of section 145 of the German Civil Code. By sending an order to Colosseum Music Entertainment GmbH or by placing an order by phone, the customer makes an offer within the meaning of section 145 ff. of the German Civil Code. For orders placed in the online shop, the customer will receive confirmation of receipt of the order by e-mail. This confirmation of receipt shall not constitute an acceptance of the order.

(3) The contract of sale comes into effect only after express acceptance of the order or upon the shipping of the goods by Colosseum Music Entertainment GmbH. For ordered goods that are not listed in the acceptance of the order, no contract of sale is concluded.. Colosseum Music Entertainment GmbH will, if necessary, advise the customer separately of any possible errors in the information on the range on the website and will make the customer an appropriate alternative offer.


§ 4 Delivery of goods and transfer of risk

(1) Delivery from the Nuremberg stock usually takes two working days upon confirmation of the order. In the case of advance payment, delivery from the Nuremberg stock usually takes two working days upon receipt of the payment. This information or any other information on delivery times shall not be binding unless in exceptional cases a binding delivery time has been stated.

(2) Deliveries to any address other than the customer’s address or to third parties will only be made on advance payment of the price agreed for the delivery. Payments by direct debit will not be accepted.

(3) Unless the customer has given other instructions, goods will usually be delivered by mail, DHL or UPS.

(4) If the customer refuses to accept the delivery or does not collect it at the post office or from the carrier after an unsuccessful attempt of delivery, the goods will be delivered again only at the specific request of the customer and the extra costs of such delivery will be charged.

(5) The risk of loss or damage of the goods shall pass to the customer as soon as the goods leave the premises of Colosseum Music Entertainment GmbH. This also applies in case of partial deliveries. If the customer is a consumer, the preceding provision shall not apply. In this case the risk shall pass only upon the hand-over of the goods.

(6) Damages which evidently occurred during transport (e.g. damaged packaging or damaged CD boxes) have to be claimed immediately to the postal service or to the respective carrier of shipment via DHL, UPS, Hermes Paketdienst or a freight company.


§ 5 Retention of title

(1) The goods remain the property of Colosseum Music Entertainment GmbH until full settlement of all claims has been made.

(2) In case the customer is a consumer, the goods shall remain the property of Colosseum Music GmbH until the purchase price for these goods has been fully settled (sec. 449 of the German Civil Code).


§ 6 Right of retention, set-off, reduction

The purchaser is only entitled to set off or reduce payments if his/her counter-claim has been established in law or has been expressly acknowledged by Colosseum Music Entertainment GmbH. The purchaser is only entitled to retain goods if his/her claims are based on the same contractual relationship. These provisions on set-off and reduction shall not apply to contracts with consumers.


§ 7 Downloads

(1) In case of downloads it is the customer’s own responsibility that he/she has sufficient Internet access and meets the system requirements for using the download as stated in the technical specifications.

(2) Colosseum Music Entertainment GmbH grants a non-exclusive and non-transferable licence to use the downloaded work. The customer is not entitled to use the work beyond the scope of this grant of rights. In particular distribution of the work to third parties and making available of the work in data networks is not permitted.


§ 8 Right of revocation and returning the goods

(1) If the customer is a consumer, i. e. his/her order is for purposes which are outside his trade, business or profession, he/she shall have the following right of revocation:

(2) The right of revocation does not apply to sound or video recordings (CD, LP, MC, DVD etc.) which have been unsealed by the customer.

(3) The right of revocation expires in case of a service provided (e. g. a download) if complete performance of the contract has been rendered upon the consumer's explicit demand before the right of revocation has been exercised.

(4) The customer shall bear the costs of reshipment if the delivered goods are the ordered goods and if the price of the product to be sent back does not exceed the amount of 40 Euro. The consumer shall also bear the costs of reshipment in case the price is higher than 40 Euro and if, at the time of revocation, her/she have not yet performed his/her consideration or a part of the contractually agreed partial payment. In all other cases reshipment shall be free of charge.
 
§ 9 Warranty and liability

(1) In the event of delivery of faulty goods, Colosseum Music Entertainment GmbH is entitled either to provide replacement delivery of satisfactory goods or make rectification. If this is unsuccessful, the customer is entitled to withdraw from the contract or to reduce the purchase price. The warranty period is 2 years from date of delivery.

(2) Colosseum Music Entertainment GmbH is liable for culpable damages in the event of infringement of principal contractual obligations or the lack of assured properties. Beyond that Colosseum Music Entertainment GmbH is liable – on whatever legal grounds – only for damages resulting from danger to life, limb or health or if damages are caused by Colosseum Music Entertainment GmbH or persons engaged by them due to gross or deliberate negligence.

(3) In the case of minor negligent infringement of principal contractual obligations, Colosseum Music Entertainment GmbH is liable up to a maximum of typically foreseeable damages, which as a rule will not exceed the purchase price of the goods ordered. Liability in the case of all damages caused by minor negligence is limited to damage to the goods ordered. In case of minor negligence, Colosseum Music Entertainment GmbH shall not be liable for consequential and unpredictable losses, loss of profit, missed savings and claims from third parties.


§ 10 Applicable law, place of fulfilment and place of jurisdiction

(1) The contract is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) even if the goods are ordered from abroad or delivered abroad.

(2) Nuremberg / Germany shall be the place of fulfilment of the contract.

(3) Nuremberg / Germany shall be the sole place of jurisdiction, to the extent permissible by law. If the customer’s domicile or habitual residence is abroad, the place of jurisdiction for all claims arising in connection with the order shall be Nuremberg / Germany.


§ 11 Miscellaneous

(1) Oral additional agreements have not been entered into. Additional agreements must be in writing. This shall also apply for the renunciation of the written form.

(2) Should any individual stipulations of the contract, including this stipulation, be invalid, in whole or in part, or if the contract contains an omission, this shall not affect the validity of the remaining stipulations.

(3) This English version of the terms and conditions is for convenience only. In case of any conflict between the German and the English version of the above-mentioned General Terms and Conditions of Trade (GTC) the German version of our Allgemeine Geschäftsbedingungen (AGB) shall prevail.